There are two types of E visas:
E-1 “Treaty Trader” visas are available for personnel of companies engaged in trade with the U.S.
E-2 “Treaty Investor” visas are available for personnel of companies engaged in business in the U.S. which represents a substantial investment in the U.S.
The initial period of stay for the E category is one year; however, it can be extended almost indefinitely.
Requirements for E-1 visa:
- 1. There must be a treaty in force between the United States and the particular country of which the visa applicant is a citizen.
- 2. The particular company sponsoring the visa applicant must be primarily owned or controlled by nationals of the treaty country.
- 3. The company sponsoring the visa applicant must be engaged in a substantial amount of trade principally between the U.S. and the treaty country.
- 4. The trade must be principally (i.e. more than 50% of international trade involved) between the U.S. and the treaty country.
- 5. The applicant must be either the owner of the company, or be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm.
Requirements for E-2 visa:
- 1. and 2. Same as for E-1 visa;
- 3. The investor, either a real or corporate person, must be a national of a treaty country, as well as the particular visa applicant (if different from the investor).
- 4. The investment must be SUBSTANTIAL and it must have a significant economic impact in the United States.
- 5. The investment must be a real operating enterprise and not Speculative or idle investment.
- 6. The investor must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed.
- 7. The investor must be coming to the U.S. to develop and direct the enterprise.